CONSIDERING the frequency of
disasters, catastrophes, and calamities that take and threaten the lives, safety, and
property of the inhabitants of the American hemisphere;

MINDFUL of the selfless spirit of
cooperation that prompts the states of this region to respond to events of this kind,
which are inimical to the peoples of the American hemisphere;

CONVINCED that the human suffering
caused by such disasters can be relieved more effectively and swiftly by means of an
instrument to facilitate such assistance and to regulate international procedures for
providing it in such cases;

AWARE that a genuine spirit of
solidarity and good-neighborliness between the American states has been expressed in cases
of disaster and that this spirit can be strengthened through a preparedness that makes it
possible to act more efficiently,

THE STATES PARTIES agree as
follows:

Article I

Applicability

a. This Convention shall apply
whenever a state party furnishes assistance in response to a request from another state
party, except as they otherwise agree.

b. For the purposes of this Convention,
acceptance by a state party of an offer of assistance from another state party shall be
considered to be a request for such assistance.

Article II

Requests for and Offers and
Acceptance of Assistance

a. Requests for and offers and
acceptance of assistance from one state party to another shall be communicated via
diplomatic channels or the National Coordinating Authority, as the circumstances may
warrant.

b. Upon the occurrence of a disaster the
assisting state shall consult with the assisted state to receive from the latter
information on the kind of assistance considered most appropriate to provide to the
populations stricken by the disaster.

c. To facilitate assistance, a state party
that accepts it shall promptly notify its competent national authorities and/or its
National Coordinating Authority to extend the necessary facilities to the assisting state,
in accordance with this Convention.

Article III

National Coordinating Authority

a. For the purposes set forth in
Article II, and pursuant to its domestic legislation, each state party shall designate a
National Coordinating Authority, which shall have the following functions, among others:

i. To transmit requests for assistance and
to receive offers from other states parties, as the case may be.

ii. To coordinate assistance within its
national jurisdiction, as set forth in Article IV of this Convention.

b. Each state party shall inform the
General Secretariat of the Organization of American States, as promptly as possible, of
the designation of its National Coordinating Authority.

c. The Chairman of the Inter-American
Emergency Aid Committee of the Organization of American States shall coordinate
cooperation between the National Coordinating Authorities of the states parties and that
Committee.

d. Upon the occurrence of a disaster in a
state party, when the first official contacts are being established between that state and
the Chairman of the Inter-American Emergency Aid Committee or his representative, the
latter will offer the stricken state his services to alert the Office of the United
Nations Disaster Relief Coordinator.

e. The General Secretariat shall notify
the states parties of the designation of the National Coordinating Authorities, and of any
changes in them that the states parties report to it. The General Secretariat shall also
circulate periodically an information bulletin on the structure, functions, procedures,
and work methods of the National Coordinating Authorities.

Article IV

Direction and Control of Assistance

a. Unless otherwise agreed, the
overall direction, control, coordination, and supervision of the assistance within its
territory shall be the responsibility of the assisted state.

b. When the assistance includes personnel,
the assisting state, in consultation with the assisted state, shall designate the person
who shall be responsible for the immediate operational supervision of the personnel and
equipment provided. The designated person shall exercise such supervision in coordination
with the appropriate authorities of the assisted state.

c. Unless otherwise agreed, the assisted
state shall provide, to the extent of its capabilities, local facilities, and services for
the proper and effective administration of the assistance. It shall also make its best
efforts to protect personnel, equipment, and materials brought into its territory by or on
behalf of the assisting state for such purpose.

Article V

Transport Vehicles Equipment. and
Supplies

Transport vehicles, equipment, and
supplies fully identified and sent by states parties for assistance purposes may enter,
move about in, and leave the territory of the assisted state. They may also move across
the territory of other states parties en route to where the assistance is to be provided.
In the aforementioned cases, they shall be exempt from the payment of taxes, fees, and
other charges. Also in the aforementioned cases, the assisted state or transit state shall
make its best efforts to expedite or, if appropriate, dispense with customs formalities,
and to facilitate the transit of such transport vehicles, equipment, and supplies.
Further, in both cases, the restricted areas so designated by the assisted state or the
transit state shall be respected. in accordance with the provisions of Article VIII.

Article VI

Access and Transit Routes

The assisted state shall have the
right to designate the access routes and final destination of the transport vehicles,
equipment, and supplies. The transit state shall also have the right to designate the
routes of the transport vehicles, equipment, and supplies.

Article VII

Personnel

a. Personnel of the assisting state
(hereinafter referred to as assistance personnel") may enter, cross, and leave the
territory of the assisted state or of the transit state party to this Convention, as
necessary to carry out their mission. To this end, each state party shall provide such
personnel with the necessary immigration documents and facilities, in accordance with its
laws.

b. The assisting state and the assisted
state shall make every possible effort to provide the assistance personnel with
documentation or other means by which to identify them as such.

Article VIII

Restricted Areas

In the application of this Convention,
the states parties shall respect any restricted areas so designated by the assisted state.

Article IX

Support from the Assisted State

The assisted state shall endeavor to
provide such support as the assistance personnel may require, the appropriate guidance and
information, and. if necessary. translation and interpretation services.

Article X

Risk

The states parties furnishing
assistance shall make every possible effort to do so skillfully and to prevent negligence.
However, this shall not constitute a guarantee against the occurrence of damage.

Article XI

Protection of Assistance Personnel

a. Assistance personnel whose names
have been duly communicated to the assisted state and who have been accepted by the
assisted state and the respective National Coordinating Authorities and shall not be
subject to the criminal, civil or administrative jurisdiction of the assisted state for
acts connected with the provision of assistance.

b. The provisions of paragraph (a) shall
not apply to acts unrelated to the provision of assistance or, in civil or administrative
actions, to willful misconduct or gross negligence.

c. In accordance with its domestic law,
the assisted state may extend the treatment stipulated in paragraph (a) of this article to
its nationals or permanent residents who are part of the assistance personnel.

d. Assistance personnel have the
obligation to respect the laws and regulations of the assisted state and of states they
may cross en route. Assistance personnel shall abstain from political or other activities
that are inconsistent with said laws or with the terms of this Convention.

e. Judicial actions brought against
assistance personnel or against the assisting state shall be heard and may be decided in
the courts of the assisted state .

Article XII

Claims and Compensation

a. The assisted state waives any claim
for loss or damage that could be brought against the assisting state or the assistance
personnel as a result of the provision of assistance.

b. The assisted state shall substitute for
the assisting state and for the assistance personnel with respect to claims for loss or
damage that might arise from the provision of assistance and might be brought against the
assisting state or the assistance personnel by third parties.

c. This article shall not apply to acts
unrelated to the provision of assistance or to willful misconduct or gross negligence.

d. The affected assisting and assisted
states shall closely cooperate in order to facilitate the resolution of any claims or
legal proceedings to which this article applies.

e. The assisted state may take out
insurance to cover the damages that the assisting state or the assisting personnel might
be expected to cause.

Article XIII

The provisions of articles XI and XII
may be amended through the express agreement of the assisting and assisted states.

Article XIV

Costs

Except for the provisions of Articles
IX and XII, the assistance shall be provided at the expense of the assisting state,
without cost to the assisted state, except where these states agree otherwise.

Article XV

Relation to Existing Agreements

If there is any discrepancy between
this Convention and other international agreements on the subject to which the assisting
and assisted states are parties, the provision that affords the greatest degree of
assistance in the event of disaster and favors support and protection to personnel
providing assistance shall take precedence.

Article XVI

Governmental and Nongovernmental
Organizations

a. Governmental international
organizations that provide disaster assistance may, with the consent of the assisted
state, have recourse, mutatis mutandis, to the provisions of this Convention.

b. States and governmental international
organizations that provide assistance may include private, physical, or juridical persons
or nongovernmental international organizations within their relief missions, which persons
shall enjoy the protection afforded by this Convention.

c. A State party requesting assistance
may, by agreement with a nongovernmental organization, be it national or international,
apply the provisions of this Convention to the personnel of the organization, except that
paragraph (a) of Article XI shall not be applicable to such personnel.

d. The agreements mentioned in paragraphs
(a) and 8 of this article shall not apply to third-party states.

Article XVII

Signature

This Convention shall be open for
signature by the member states of the Organization of American States.

Article XVIII

Ratification

This Convention is subject to
ratification. The instruments of ratification shall be deposited with the General
Secretariat of the Organization of American States.

Article XIX

Accession

This Convention is open to accession
by any other state. The instruments of accession shall be deposited with the General
Secretariat of the Organization of American States.

Article XX

Reservations

The states parties may, at the time of
approval, signature, ratification, or accession, make reservations to this Convention,
provided that such reservations are not incompatible with the object and purpose of the
Convention and concern one or more specific provisions.

Article XXI

Entry into Force

This Convention shall enter into force
on the thirtieth day following the date of deposit of the second instrument of
ratification. For each state that ratifies the Convention or accedes to it after the
second instrument of ratification has been deposited, the Convention shall enter into
force on the thirtieth day following the date on which that state has deposited its
instrument of ratification or accession.

Article XXII

Duration

This Convention shall remain in force
indefinitely, but any of the states parties may denounce it. The instrument of
denunciation shall be deposited with the General Secretariat of the Organization of
American States. After one year from the date of deposit of the instrument of
denunciation, the Convention shall no longer be in effect for the denouncing state, but
shall remain in effect for the other states parties.

Article XXIII

Deposit. Registration, Publication.
and Notification

The original instrument of this
Convention, the English, French, Portuguese, and Spanish texts of which are equally
authentic, shall be deposited with the General Secretariat of the Organization of American
States, which shall send an authenticated copy of its text to the Secretariat of the
United Nations for registration and publication in accordance with Article 102 of its
Charter. The General Secretariat of the Organization of American States shall notify the
member states of that Organization and the states that have acceded to the Convention of
the signatures and deposits of instruments of ratification, accession, or denunciation,
and reservations, if any.